Patna High Court
Raj Kumar Singh @ Raj Kumar @ TigerversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that despite the serious nature of the allegations, the petitioners are entitled to regular bail as the evidence does not warrant continued detention.
Summary
The petitioners—Raushan Kumar, Raj Kumar Singh and Vishal Kumar—were arrested in connection with a murder‑related case (PS 400 of 2025) involving alleged contract killing and possession of a firearm. The prosecution’s case relied primarily on the confessional statement of a co‑accused, Gaurav Bharti, which named the petitioners as "liners" in the offence, and on the informant’s testimony, who was not an eyewitness. The petitioners contended that they were falsely implicated, pointing to a property dispute and lack of direct evidence against them, and highlighted that they had been in custody for over seven months since September 2025. The State opposed bail, arguing that the petitioners were part of a criminal gang, had prior similar offences, and that substantial material had emerged during investigation. After considering the nature of the allegations, the duration of pre‑trial detention, and the fact that the chargesheet had already been filed, the Court ordered that each petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order reflects the Court’s view that the material on record does not justify continued detention pending trial.
Issues considered
- The adequacy of the confessional statement of a co‑accused as a basis to deny bail
- Whether the seriousness of the offences under the Bhartiya Nyay Sanhita and the Arms Act warrants denial of regular bail
- Whether the length of pre‑trial detention (over seven months) and filing of the chargesheet affect the bail decision
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 351(2), 351(3), 61(2)
Subjects
- regular bail
- confessional statement
- contract killing
- Arms Act
- Bhartiya Nyay Sanhita
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15789 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Raushan Kumar @ Kanhaiya Kumar @ Dharmbeer Kumar son of Prabhu
Narayan Singh @ Sanjay Singh Resident of Village -Hander/Hathder, PS
-Gaurichak District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 19791 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Raj Kumar Singh @ Raj Kumar @ Tiger Son of Aaskrit Singh @ Asakrit
Singh Resident of Village- Kandap, Ps- Gaurichak, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20667 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Vishal Kumar @ Ranga Rao son of Vijay Kumar Singh Resident of Village
-Shivchak PS- Gaurichak Distt -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 15789 of 2026)
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
(In CRIMINAL MISCELLANEOUS No. 19791 of 2026)
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 20667 of 2026)
For the Petitioner/s : Mr.Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
Patna High Court CR. MISC. No.15789 of 2026(4) dt.06-05-2026
2/5
ORAL ORDER
4 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Gaurichak P.S. Case
no.400 of 2025 registered under sections 61(2), 103(1), 351(2)
and 351(3) of the Bhartiya Nyay Sanhita, 2023 and section 27 of
the Arms Act.
3. As per the prosecution case, the informant states
that on 22.6.2025 he received information about his brother
having sustained gunshot injury. On reaching the place of
occurrence, he saw his brother in an unconscious state having
sustained firearm injury in his neck. He was taken to the NMCH
for postmortem. The informant further states that his uncle had
been murdered in the year 2020 wherein Shashi Bhushan Singh,
Braj Bhushan Singh and Gaurav Bharti who are all members of
the same family had given effect to the occurrence. The
informant's brother Anjani Kumar Singh was an eye witness in
the said murder. The accused had been threatening his brother.
The informant states that he is convinced that Shashi Bhushan
Singh, Braj Bhushan Singh and Gaurav Bharti have committed
the murder of his brother as a result of a conspiracy.
4. Learned counsel for the petitioner Raushan Kumar
submits that the petitioner has been falsely implicated in
Patna High Court CR. MISC. No.15789 of 2026(4) dt.06-05-2026
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the case in course of investigation in the confessional statement
of Gaurav Bharti. Even as per the allegations levelled therein,
the petitioner was acting as a liner. The petitioner is in custody
since 20.9.2025 and the informant is not an eyewitness to the
occurrence.
5. Learned counsel appearing for the petitioner Raj
Kumar Singh submits that the name of this petitioner also
transpired in the confessional statement of Gaurav Bharti. Once
again this petitioner is also said to have acted as a liner in giving
effect to the occurrence. Learned counsel referring to a deed of
agreement for sale and enclosed with the bail petition submits
that an agreement was entered into between Bushan Singh and
Shashi Bushan Singh on one side and the petitioner and one
another on the other. There was some dispute with respect to the
said transaction and in light of these facts, it cannot be imagined
that the petitioner teamed up with the other coaccused to give
effect to such an occurrence. The petitioner is in custody since
20.9. 2025.
6. Learned counsel appearing for the petitioner Vishal
Kumar submits that the name of this petitioner also transpired
in the confessional statement of Gaurav Bharti. The informant is
not an eyewitness to the occurrence and the petitioner is alleged
Patna High Court CR. MISC. No.15789 of 2026(4) dt.06-05-2026
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to be a liner in the occurrence. The petitioner is in custody since
20.9.2025 and chargesheet has been submitted in the case.
7. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that substantial material has
transpired in course of investigation against the petitioners who
are contract killers and part of the gang of one Videshia. It is
further submitted that as a result of the dispute between the
parties Gaurav Bharti had entered into a contract with Videshia
of which the petitioners were gang members for carrying out the
killing for payment of Rs. 7 lakhs of which advance sum had
been paid as a result of which this occurrence has been given
effect to. It is lastly submitted that the petitioners have criminal
antecedents of similar nature.
8. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners,
the material that has transpired in course of investigation, the
prosecution mainly relying on the confessional statement of a
coaccused made before police even according to which the
petitioners are said to be liners, petitioners being in custody for
over 7 months since 20.9.2025 and chargesheet having been
submitted to the case, the Court directs the petitioners to be
Patna High Court CR. MISC. No.15789 of 2026(4) dt.06-05-2026
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enlarged on bail in connection with Gaurichak P.S.Case no.400 of
2025 on each of them furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM- II, Patna City, Patna.
(Partha Sarthy, J)
Bibhash
U T
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